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Paoni v Sesi [2015] SBLC 1; Land Case 03.2003 (17 July 2012)

In the Isabel Local Court
Central District
Solomon Islands

Land Case No: 03/2003

In the matter of: GARANGA/KASERA Land

Between:

ROBERT PAONI
Dereck Kolly
James Maneforu
Lesly Hilly
Plaintiffs

And:

Francis Sesi
James Bako
Defendants

Preliminary Issues

RULING

Derek Kolly and James Maneforu (Plaintiffs) raised concern on issue of time and delay on the hearing of case, concerns over commitment to your service as public officers and a final determination of the case. The Local Court had also taken note of the issue raised on the practices of parties and in this case defendant side of being intentionally wanting to delay the hearing and subsequently absent at this sitting. If that is what they have been intentionally doing then the Local Court would not want circumstances as such to happen again in future proceedings. The court would also like to clarify to the party present in court that the Notice sent via SIBC radio is clear on which the court had said and I quote, " all parties must attend the sitting of the court, failure to attend the court may give orders in your absence," end of quote. That's the court's interpretation. The court does not say that in the absence of either party it will give decision but will give orders, that is what the court say. The court is not making any decisions yet it only gives order or ruling on the case.

It would also be a futile situation the Local Court to disregard the order of the High Court not to rehear the case afresh. The court will now adjourn this matter to the month of October at the earliest for a full hearing. However if on the October sitting the defendant again did not attend the Isabel Local Court will consider giving default judgment.

John Selwyn Gamutu ------------------------------------------------------- President (Ag)
Hugo Manegegu --------------------------------------------------------- Justice
Moira Dasipio -------------------------------------------------------- Justice
Stanley S Zae -------------------------------------------------------- Justice
Leslie Kikolo -------------------------------------------------------- Justice
Timothy Ngele -------------------------------------------------------- Clerk

Dated on this 17th day of July 2012

at Mothers' Union chamber, Buala
Isabel Province